2004 PLP 1481 (MLD)

Cr. B.A. No.282 of 1999, decided on 7th June. 1999. ‑‑‑‑S.497(2)‑‑‑Penal Code (XLV of 1860), Ss.399/402‑‑‑Bail, grant of‑‑ Further inquiry‑‑‑Accused were charged under S.13(d) of West Pakistan Arms Ordinance. 1965 at a time when they were not implicated for offence under Ss.399/402, P.P.C.‑‑‑All witnesses cited in F.I.R. against accused were official witnesses‑‑‑Case in circumstances was that of further inquiry‑‑‑Accused were enlarged on bail as it was to be determined by the Trial Court after proper evidence and inquiry whether crime alleged in F.I.R. had been committed by accused. Syed Muhammad Raza Zaidi and others v. The State 1999 MLD 4 and Abdul Zubatr v. The State 1997 SCMR 966 rel. Madad Ali Shah for Applicants. Agha Khuda Bux, Asstt: A.‑G. for the State. This bail application under section 497, Cr.P.C. filed by the present applicants/accused in Crime No.6 of 1999 of Lundo Police Station District Sanghar under sections 399 and 402, P.P.C. It is alleged in the F.I.R. that white complainant A.S.‑I. Muhammad Luqman Sehto of Lundo Police Station while posted as Sub‑Inspector of Police on a Patrol duty alongwith subordinate staff reached near Baka Dahri Stand on Ranjho Talpur Link Road at 20.00 hours he saw five persons armed with weapons out of whom two persons were standing on the western side and three person on the eastern side of the road and allegedly had blocked the road with branches of trees and on seeing the police party they tried to flee away and on chasing the .present' accused were apprehended alongwith the weapon. The accused have been already charged under section 13‑D of the Arms Ordinance and are being tried separately wherein it is stated challan has also been filed but since other alleged accused are absconding no further proceedings have taken place. Case of the present applicants/accused is that they have been falsely implicated in this case and offence as defined under sections 399 and 402, P.P.C. has not been made out and according to them it is a fit case for further inquiry under section 497(2), Cr.P.C. It is further contended that the accused were apprehended and it is falsely alleged that there, were five people at the scene of occurrence, as such, case does not fall within the ambit of section under which accused now have been charged. The matter is still at the trial stage under section 13‑D of the Arms Ordinance. He is support of his case relied on a judgment cited as Syed Muhammad Raza Zaidi and others v. The State reported in (1999 MLD 1234) wherein a Division Bench of this Court have enlarged accused implicated in the same offence. He has also relied on case reported as Abdul Zubair v. The State (1997 SCMR 966) and unreported judgment of this Court in Criminal Bail Application No.30 of 1999 Subhan v. The State. That on perusal of the F.I.R. and police papers the learned A.A,‑ G, appearing for the State has conceded to the legal position laid by the applicants/accused learned‑counsel. In the light of the decision and case laws relied upon by him has supported the case of the applicants/accused. I have perused the F.I.R. and the bail order passed by the learned Additional Sessions Judge Shahdadpur and the case‑law cited at Bar. It is admitted position that the accused were charged under section 13‑D and at the time they were not implicated for the offence alleged in F.I.R. No.6 of 1999. It is also reflected in the F.I.R. that the case under section 13‑D is being registered separately for the recovery of weapon from the present accused for having committed offence under section 13‑D of the Arms Ordinance. From the record it shows that all the witnesses ‑ cited in the F.I.R. are official witnesses. Under the circumstances it is a case of further inquiry and accused are consequently enlarged on bail as it is to be determined by the trial Court after proper evidence and inquiry whether the crime alleged in F.I.R. has been committed by the present accused. Accused are granted bait subject to their furnishing surety in the suns of Rs.1,00,000 (One lac) each with P.R. bond in the like amount to the satisfaction of the trial Court. H:B.T./K‑16/K Bail granted.